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CC - Staff ReportSTAFF REPORTC� E IDIAI-- COMMUNITY DEVELOPMENT DEPARTMENT �` W HEARING 3/19/2019 DATE: TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0001 Summerwood Subdivision LOCATION: North side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S '/2 of Section 27, TANK I W. AND southwest corner of W. McMillan Road and N. Ten Mile Road in the NE 1/4 of Section 34, T. 4N.1 W. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/terminating four (4) recorded development agreements [DA Instrument Ws 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to create one (1) new master agreement that governs the entire Vicenza/Volterra development. II. SUMMARY OF REPORT A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Lots (# and type; bldg/common) Phasing plan (# of phases) Number of Residential Units (type of units) Density (gross & net) Details +/- 276 acres LDR, MDR, Commercial, MU -C Undeveloped, SFR, Commercial SFR R-4, R-8, R-15, L -O, C -C, C -G NA NA NA NA NA Page 1 Open Space (acres, total buffer / qualified) Amenities Physical Features (waterways, hazards, flood plain, hillside) Neighborhood meeting date; # of attendees: NA NA NA December 19, 2018; one attendee III. APPLICANT INFORMATION A. Applicant/Representative: Matt Munger, WHPacific 2141 W. Airport Way, Ste. 104 Boise, ID 83705 B. Owner: Bridgetower Investments, LLC 2228 Piazza Drive Meridian, ID 83646 IV. NOTICING Newspaper Notification Radius notification mailed to properties within 300 feet Applicant posted site on Nextdoor posting V. STAFF ANALYSIS PROJECT HISTORY City Council Posting Date 3/1/2019 2/26/2019 3/8/2019 2/26/2019 Prato Villas/Summerwood: In 2006, the Prato Villas project received annexation approval (AZ - 06 -022, DA Instrument #108087854). In 2017, a new preliminary plat was approved by the city known as Summerwood (H-2017-0083). A DA modification was not required at the time of the Summerwood plat approval because the new layout complied with the provisions of the recorded DA. Volterra Mixed-use: In 2008, a portion of the property (111 acres) was rezoned and removed from the original development agreement (DA #106034786). This portion of the property has an approved concept plan that depicts a large business park development. A new development agreement (instrument # 110051282) was required with the approval of the rezone. NOTE: The Walmart store and the four (4) parcels located at the NWC of McMillan and Ten Mile Roads will remain subject to the requirements of this DA and received plat approval in 2015 as the Coleman Subdivision. These conditions remain affect with the subject property. Volterra North and South: In 2010, this property received preliminary plat (PP) approval for 301 residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone (RZ) 58.33 acres from the R-4 (Low-density Residential District) zone to the R-8 (Medium -density Page 2 Residential District) zone and preliminary plat (PP) approval for 194 residential lots on 80.4 acres of land for Volterra South Subdivision. A modification to an existing development agreement was approved (DA Instrument #111010393) to amend the original DA approved with the annexation of the property in 2006 (DA Instrument #106034786). The DA approved in 2006 was to be replaced with DA Instrument #111010393, but never was. The applicant is now requesting DA #106034786 be terminated as originally intended. Further, the City Council approved an amendment to DA Instrument #111010393 (H-2016-0033) to allow a right -out only access to N. Ten Mile Road within the Volterra South development. The right -out only access is constructed; however the applicant never signed the amended DA within the 6 -month timeframe so this approval has expired. Because the access is constructed, staff recommends that the new DA reflect the action of the previous Council decision on the approval for the access. MDA Request: The subject 276 acres of property is governed by four (4) development agreements approved with the various projects as noted above. All of the subject property is envisioned to develop with a mix of residential and commercial uses. For illustrative purposes, staff has included the approved plats and concept plan for each of the properties and highlighted which DA governs the respective property (see Exhibit VII.C). These exhibits will remain as exhibits in the new DA. The applicant's request includes the termination of the four (4) previous agreements for the purpose of entering into one (1) master agreement to govern all of the subject property (approximately 276 acres) (see VII.B). The applicant believes having one (1) master agreement will help administer development of the subject properties. Staff has reviewed the terms of the four (4) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: Prato Villas/Summerwood DA Provisions (DA Instrument #108087854): 1. Staff recommends that the provisions be removed as they are no longer applicable to govern the subject property. The applicant has requested as part of the DA modification that the Summerwood property be included within the boundary of the new master agreement. By doing so this property will be afforded the rights to use the open space and amenities approved with the Volterra North Subdivision. Staff recommends the termination of DA #108087854. Volterra Mixed Use DA Provisions (DA Instrument #110051282): 1. Modify: All future development of the subjeet pr-aper-ty shall eemply with City of Mer-idia ^..a:naftees in orf et at the time of development ara The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted with this application, excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. Remove: All futuFe development on the site shall be subjeet to adffl_ifiistFa�ive d i 3. Modify: These sites have an existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 aer-es shall be subject to a new development agreement Page 3 for- the VelteFF Mixed Use Pr-ejeet and will no longer be subject to the previous four (4) development agreements. 4. Remove: The C G zoned p pert . shall consist of a fninimum of 6 buildings with footage for- this por-tion of development shall be 559,000 s e feet. 5. Remove: The C Czoned pr-oPefty shall consist of a , , of 11 buildings with no one footage f this po-tion of the develo»�ment shall be 464,000 s o feet. 6. Remove: The t n zoned reAy shall consist of a minimufn of 5 buildings with building exeeeding 20,000 square feet. The maximum allowable non residential sqttar-e footage f this per -tion of the development shall be 120,000 s e feet. 7. Remove: The n 15 zoned peFt . shall eonsist of „ . , of 3 buildings and ., minimum density of 8 &�,ellings,Lbeds pef aer-e and a maximum of 75 buildings pr-ovided it does not eiieeed the defisity r-equifements of the R 15 zoning distfiet with no one btfilding IM &Eeeeding 430,000 e feet. 8. Modifiy: The applicant shall construct five central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 9. Remove: All buildings on the site shall be generally consiste * , Fice with the living,attached photos (large box, health care, hotel, health club, genefal business, senior skilled atifsifig, Fetail) sttbfnitted with this apphea4ieii, as deteffflined by the Planning Di et �r 10. Remove: The pfoposed non Fesidential and residential buildings shall be constfueted with br-iek, with substantial stone aeeefits, fetif: sided afvhiteetttfe: for- retail tises one side ma� e full faqade tfeatment if thefe is sefeent. g fef the loading area., highlighted main entfa-iiees, stamped decorative conefete, flat Foofs, aeeent metal , 11. Remove: and N. Ten Mile Roadwith 5 foot detaelied sidewalk. Any futtir-e eelleeter- stf eets shall hav-e- a miaimttm 20 feet wide landseape buffer -s on eaeb side of the street. Any fittefe Weal eemmefeial stfeets shall have a minimum 10 foot Nvide landseape btt�n These buff-ers shall be designed in aeear-danee with the staiidar-ds listed in UPC 11 3B 7 and shall bee eafistriteted with platting of the pr-apeft-y or with the isstianee of the fifst btfildifig peffflit if the pla4 has not been feeer-ded. 12. Remove: , 13. Remove: The applioant shall be responsible to obtain a Gei4ifieate of Zoning Complian pfope4y. 14. Remove: Any fawfe signalization installed as the festilt of the development of this pr-ejeet shall be equippedwith Optieom Sensors to enstife a safe and ef4eient r-espefise by fire and emer-geney fnedieal ser-viee vehieles. This east of this ifistallatiOR is tO be bE)Me by thee developer, 15. Remove: aess onto Ten Mile Read just iiat4h of MeMillan Read shall be designed . a Fight i ,-ight out a-;vew .. 16. Modify: The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-313-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed Page 4 when the extension of the north east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. Volterra North and South DA Provisions DA Instrument #111010393 (terminate DA Instrument #106034768): 1. That prior to approval of the 200' residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. That -The -park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10 -foot wide multi -use pathway and the tot lot. Removed and added above: That the p k shall inelude the pfopesed swimming pool an restr-ooms, the water- featil e (fountain), elub house, the 10 feet wide multi use pathway and that, 3. Modify: That prior to approval of the 400' residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. T4iat The park shall include the proposed plaza area and playground equipment. 4. Removed and added above: That the p r4 shall ,.ludo the pFepased plaza af ea ra 5. Modify: Future development in the C -G, C -C, L -O and R-15 zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the Architectural Standards Manual. 6. Modify: Future homes constructed within the Volterra North, Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings (see Exhibit "` 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. Modify: For Phasing purposes, Volterra North, ate -Volterra South and Summerwood plats shall be reviewed as one project and all beth plats shall remain valid as successive phases receive City Engineer's signature. The same applies to any future time extensions that may be requested. Add New Provision: One "Right Out, Exit Only" access point will be permitted south of the spine road (N. Vicenza Way) onto Ten Mile Road for egress from the adjacent commercial lots. Staffs recommended DA provisions are in Exhibit VILE. VI. DECISION A. Staff: Staff recommends approval of the proposed DA modification as set forth in the exhibits in Section VII. Page 5 kIfA I = 0114 is 111.110 A. Vicinity Map and Existing Development Agreements Page 6 B. Legal Description and Development Agreement Boundary VICIENZ•A SUBDIVISIGN P.A. Mod Batt' July 11, 2017 A p®rcel of land being a portion of the SW of Section 21, Township 4 Nortk Mtge 1 West, Boise Meridian, City of Mcridian, Ada County 14%bo, mora particularly described w follower BEGIX G at the C+114 corner of said Section 27, monutnented by a ohiseled' W" in the concrete irtigation stroewre {CvornerRecord No. 991130, from which the 1 114 corner of said Scction 27, monurnented by a 3.5" 13iws Gap' (Cornor Rccord No, 2015-d'79246)), bears North 89'20'10" West a distance of 2649.83 feet; Thence South 6€3°21' 1 t1" leant, coincidealt with the n<rth lustre of the }?114 of said Section 27, a distance of 2626.00 feet, to the westerly right of way line of N. Teat Mile Road, Thence South 00°2F] 6" West, coincident with said westerly right of way lane, gout k O i' l6" West, a distance of 1331.54 feet, Thence North BV38"44" West, coincident with said westerly right of way line, a distance of 8.00 feet; Thence South 00'21'16" West, coincident with said westerly right of way lime, a Aifitanoe of 174.63 fwt, Thence North $9138"44" West, coincident with said westerly right of way line, a distance of 13-00 feet} Thence North $9"15 `22" West, a distance of 622,75 feet; Thence Worth 0149'12" East, a distance of 112:27 feet; Thence North 8 V561WI West, ar distance of 434,84 feat to the easterly right of wty line of N011h Vicenza Stmt; Then South 60°29'30" West a dieter" of 62.00 feet to the westerly right of way I me ofidordi Vicenza Street and the beginning of a nose -tangent curve tG the right; Theme southerly along the arc of said canoe to the tight, coincident with said wcstwly right of Way line, an .arc distance of 130.71 feet, said curve having as rvAus of"245.00 feet, a central angle of 30134"01", and a chord bearing of'South 14°13'29" East a distance of 129,16 feet; 'Thence Soutb Oi°{13"3I'° bleat, coincident with said westerly right of way line, a distawn of 588.00 .Feet, to the bcgirming of a cme to the left; Thence southerly alb otic arc of said curve to the left, come ident Willi said westerly right of way Be, an are distance of 154.00 feet, said curare having a radius of 385.00 fhet, a central angle of 22°55"06", and ra chord bearing of Srruth 10'24'02" Eaat a distance of 152.98 fb9t, Thenen South 2115 1'35'Bast, cofneident with said westerly right of way litre a distance of 79,51 feet, to thc. beginning of a curve to the right, Thtnce, southerly along the arc of said curve to the right, coincident with said westerly right of way lime, an am distance of 54.40 heat, said curve having a radius of 136.00 font, a centmi a 4e, of 22°55'06'd, and a Qbord hearing of South 10'24'02" Last a distance of 54 04 feet; Page 7 `nenoo South 01°{13'31" West, ouinrAtnt with said westerly right of way lisle, sadistance of 17OF81 fact to the northerly right of way lime of W. McMillan Road; ' emoNodb 99"55'29" Waw o uinridontwith said northerly right of way lime, a distance of 751.33 f=t; Thence South W29'57" East, coincident with said northerly right of way lisle, a distmod of 7.57 feet; TbcnceNurth 99055'29" West, coincident with said northerly rightofway line, a disimx of 843.10 fiaet, to tho southwest comer ofthe Vicenza SubdivWwr4 Boom 108, Pages 15026-15029, Ad% County Records; Thence North 00"N'00" Fast, coincident with the wesledy lime of said Vk enza Subdivision, A distatrne of 595.90 fest, Thence Ncnth 00'19101 " Emk eolncident with said westerly Hnc,, a distance of 659.78 fe=et to the northeast corner of Black Cat Estates No- 2, Book 12, Pages 1%5-1946, ,oda County Records, Thettca North 8917'46" West, coincident tiwitls the northerly lino of said Mack Coat 2states No. i, a die anco o'f 1261.80 fc7ct; Thence North 12°47'57" West, a distance of 2063 1 feet, Thcnco North 98111 I'16" West, a distance of $ 5� 7 I feet; Thanes North .5tYp50'32" West, a distance of 89.09 Thema North 34124'23" West, a distance of 79.54 f Thcnrrc North I W38'5T' Nest, a distanco of 111,75 fe&, Themov North 95,1134'56"'West, a distenor. of 243,71 feet to the easterly right of way line ofNorth Black Cat Road; Thence North 00'31 A Ir Fast, coincident with said easterly right of way line, a distance of M-75 feet to the north line of tha SWI 14 of said Rection 27; Thence South 99'20'10' FAgt a distmce of 2601.93 %ot to the PC11'1+1'T OF BEGINTGNG, -Pw above described puvr l oontaitss $,645,194 square fut car 196.47 acres, more or less. AND ALSO Lots 6 and 7, [3 [aok Cat Estates No, 2, &ook 32, Pages 1945-1945, Ada County Reeords. This legal descHplion was compiled from Data of Record. Togetl= with and subject to covenants, eascmtnts, and rcatriictions of record. Page 8 H RL4K GAT RD p� y� r i 111 i I:41 A 1 .I I� VI ENZA DA MODIFICAT3DN COTTONWOOD LiLV WPMENT, L.lC_ DA Page 9 mm UP Sh: riew ab..�ra� 6 � N'&Ri!4iM4 waw VO TEf<tE2A SUBIRVISION D.A. Mod Date: July 11, 2417 A parcel of land beimS a portion of the NIS NEV4 of Section 34, Township 4 North, lunge 1 West, Bolsc Meridian, City of Meridian, Ada COUnty, Idahoy inom peu'ticulerly -described as follows: GDMI4IFNONG at the N114 corner of said Section 34, monumented by a 518" Rebar with illegible Cap (Comer Rcrcwd No. 2015.079244), from which the northeast comer of said Section 34; monumontod by a 51r Rebar (CoracrRoMANo. log 122 ), bears South 88°56'29" FA9, %distance of 2654.64 foe , Thence South D"43'44" West, coincident with the west lino of said N112 NEI/4. a distance of 25.00 feat, to the southerly right of way line f 'W, McMillan Road and the POOT OF BEGEYMN ; `]'hence South 11$°56'29" East, coiiuoido t with said southerly right of way line, a dislmiave of 2558,145 feet; Thence South 52149'13" East, incident with said southuly right of way line, a distance of 61:70 feet, to the westerly right of way liars of N. Ton Mile Road. Thence South W'52'40" West, coincidantwith said westarly riot of vmy line, a distance of 125433 feet to the south 1 ine of said NI f2 NEIM; Thcnoa North 99`06'3-V' West, coincident with saki sou@h I Lire, a distance of 2605.15 feet to the southwed LA-CLM VfUtriLl Nlf2 N 114 (C241116 combr); Thancc North 0°'43"44" Fast, coincident with the west lino of said NV2 NEI 14. a diffmnee of 1298,36 foot, to the P€`JEff OF BEGINNING: Tho above dcsoribod parcel oeantains 3,373,738 squaro feat or 77.45 acres, more or less., This legal d +scription. was compiled from Data of Record. Topther with and subject tQ covenants, twimnents, and restrWions ofrewrd, Page 10 Page 11 �fC LTERRA DA MODIFICATION k HP[� � c =ti C[?TT[5hW[3� oEV6Li3P��NENT, LI.G, ._.- �kHlE�f ow ;�� muato NII�A'Ada1M'm!i?W �! Mrrs "nrat musaia rasa Page 11 C. Approved Plats and Concept Plan (Include as Exhibits in the New DA) Summerwood: A PRETIMLNARY PLAT OF SUM_NLEnWOOD ESTATES SUBDIVISION REPLAY OF LOPS B & 7. BLOCK BLACK CAT ESTATES NO. 2 SECTION 27 T 4 N R 1 N'., B. M, MY OP MF,RMLW', .Alla LOLTNY, Ib HD 2027 ......... ... . e 4 �I ij - 1 r J I� � V r - "- T a iPP2 Page 12 Volterra Mixed-Use/Volterra North and South Page 13 Page 14 D. Staff Recommended Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6. 1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted with this application, excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. These sites have existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in VII.B shall be subject to a new development agreement and will no longer be subject to the previous four (4) development agreements. 3. The applicant shall construct five (5) central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 4. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B- 8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the northern east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. 5. That prior to approval of the 200' residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. The park shall include the proposed swimming pool and restrooms, the water feature (fountain), clubhouse, the 10 - foot wide multi -use pathway and the tot lot. 7. That prior to approval of the 400' residential lot (including Volterra North and Volterra South), the proposed three (3) acre park south of McMillan Road shall be constructed. The park shall include the proposed plaza area and playground equipment. 8. Future development in the C -G, C -C, L -O and R-15 zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the Architectural Standards Manual. 9. Future homes constructed within the Volterra North, Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings. 10. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 11. For phasing purposes, Volterra North, Volterra South and Summerwood plats shall be reviewed as one (1) project and all plats shall remain valid as successive phases receive City Engineer's signature. The same applies to any future time extensions that may be requested. 12. One "Right Out, Exit Only" access point will be permitted south of the spine road (N. Vicenza Way) onto N. Ten Mile Road for egress from the adjacent commercial lots. Page 15